Phoenix, Arizona — The Arizona Supreme Court has upheld most of Arizona’s voter-approved dark money disclosure law while allowing one remaining free speech challenge to continue in lower court.
The 4-3 ruling concerns Proposition 211, the Voters Right to Know Act, which voters approved in 2022 with more than 70% support. The law requires groups spending large amounts on campaign media to disclose the original sources of major political contributions, including money routed through nonprofits or intermediaries.
The challenge was brought by the Center for Arizona Policy, the Arizona Free Enterprise Club, and two anonymous donors. They argued that forced disclosure violates free speech, association, privacy, and separation of powers protections under the Arizona Constitution.
Chief Justice Ann Timmer, writing for the majority, said Arizona has a long history of requiring transparency in election spending. The court dismissed most of the legal claims but allowed the groups to argue that donor disclosure could chill speech under the state constitution’s “Speak Freely Clause.”
The dissenting justices warned that the law could expose donors who did not intend their money to support specific campaign messages. The case now returns to Maricopa County Superior Court, where the remaining challenge will focus on whether disclosure requirements create unconstitutional burdens on political participation.
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